Website Terms of Use

Last Modified: 02/01/2023

Acceptance of the Terms of Use

These terms of use of our website (“Terms of Use”), together with any documents they expressly incorporate by reference, are entered into by and between you and Wildling Shoes US, Inc. (“we” or “us”) and govern your access to and use of our website at https://us.wildling.shoes, including any content, functionality, and services offered on or through our website as a guest or registered user.

Please read these Terms of Use carefully before you start to use the website. By using the website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use and accept our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website.

This website is offered and available to users who are 18 years of age or older. By using the website you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter.

Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page when you access the website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the website and any service or material we provide on the website in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time. From time to time, we may restrict access to the website or parts thereof.

You are responsible for:

  • making all arrangements necessary for you to have access to the website; and
  • ensuring that all persons who access the website through your internet connection are aware of and comply with these Terms of Use.

To access the website or some of the resources it offers you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register on this website or otherwise, including, but not limited to, through the use of any interactive features on the website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or we give you a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to give any other person access to this website using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. It is your responsibility to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated these Terms of Use.

Intellectual Property Rights

The website and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us and our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your internet browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
  • If we provide social media features, on sites such as Facebook, Instagram, Twitter or others, with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.

You must not access or use any part of the website or any services or materials available through the website for any commercial purpose.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of these Terms of Use, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by the us. Any use of the website not expressly permitted by these Terms of Ise is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Our name, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors and you must not use them without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website:

  • in any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts anyone's use or enjoyment of the website or which, as determined by us, may harm us or any of our affiliates, employees or other agents or users of the website, or expose them to liability.

Additionally, you agree not to:

  • use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website;
  • use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website;
  • use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • use any device, software, or routine that interferes with the proper working of the website;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website;
  • attack the website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the website.

User Contributions

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to publicly display or transmit to other users or other persons content or materials, what we refer to as “posting” of “user contributions.” User contributions you post must comply with the content standards set out in these Terms of Use.

Any user contribution you post on the site will be considered non-confidential and non-proprietary. By posting any user contribution on the website, you grant us and our affiliates and service providers, and each of our and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such contribution for any purpose.

You represent and warrant that:

  • you own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
  • all of your user contributions comply with these Terms of Use, including the content standards.

You understand and acknowledge that you, and not we, are responsible for any user contributions you post, including their legality, reliability, accuracy, and appropriateness.

Content Standards

These content standards apply to all user contributions and use of the interactive services. User contributions must comply with all applicable federal, state, local, and applicable foreign laws and regulations. Among other things, user contributions must not:

  • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • be likely to deceive any person;
  • promote, advocate, or assist any unlawful act;
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
  • give the impression that they come from or are endorsed by us or any other person or entity if this is not the case.

Monitoring and Enforcement

We have the right to:

  • remove or refuse to post any user contribution for any or no reason in our sole discretion;
  • take any action with respect to any user contribution that we in our discretion deem necessary or appropriate, including if we believe that such user contribution violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for us;
  • disclose your identity or other information about you to any third party who claims that any of your user contributions violates their rights.
  • take appropriate legal action, such as bringing legal action against you or referring you to law enforcement for any illegal or unauthorized use of the website; or
  • terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.

We also have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.

YOU WAIVE ALL CLAIMS AGAINST US RESULTING FROM ANY ACTION TAKEN BY US OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSEES AND SERVICES PROVIDERS, AND OUR AND THEIR EMPLOYEES, SERVICE PROVIDERS AND AGENTS THEM IN CONNECTION WITH ANY INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES AND YOU WILL HOLD US AND THEM HARMLESS FROM ANY SUCH CLAIMS. 

We reserve the right but are not required to review all user contributions before or after they are posted on the website. We cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any user contribution violates your copyright, please send us a notice describing the asserted of copyright infringement to the email address at the end of these Terms of Use. It is our policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. You rely  on such information strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

This website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this website is subject to our Privacy Policy. By using this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services, formed through this website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

In the event of any conflict between these Terms of Use and the Terms of Sale, the provisions of the Terms of Sale will prevail. 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This website may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on this website;
  • send electronic communications with certain content, or links to certain content, on this website; or
  • cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • establish a link from any website that is not owned by you;
  • cause the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  • link to any part of the website other than the homepage; or
  • otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links on the Website

Any links on the website to other sites and resources provided by third parties are for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of linked sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any of the third-party websites linked on this website at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Although the website is accessible worldwide, certain features may not be available in all locations. We reserve the right to limit, in our sole discretion, access to any feature or product sold in any geographic area. Any offer to make available any feature or product on the website is void where prohibited. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON IT WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED OR AVAILABLE AT ANY TIME, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE INFORMATION OR MATERIALS PROVIDED ON IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE OR THE INFORMATION OR MATERIALS PROVIDED ON IT, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR OUR LIMITED WARRANTY FOR WILDLING PRODUCTS PURCHASED IN OUR ONLINE SHOP UNDER THE TERMS OF SALE.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to, your user contributions, any use of the website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the website.

Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website that is not subject to arbitration under the Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, the Terms of Sale , including the Limited Warranty, constitute the sole and entire agreement between you and Wildling Shoes US, Inc. regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

Your Comments and Concerns

This website is operated by Wildling Shoes US, Inc.

All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the website should be sent to contact@wildling.shoes.